Vancouver City Council |
CITY OF VANCOUVER
ADMINISTRATIVE REPORT
Date:
May 17, 2004
Author:
Pattie Hayes
Phone No.:
604-873-7787
RTS No.:
04238
CC File No.:
2701
Meeting Date:
June 10, 2004
TO:
Standing Committee on Planning and Environment
FROM:
City Building Inspector
SUBJECT:
5853-5857 Victoria Drive
Warning to Prospective Purchasers
THAT the City Clerk be directed to file a 336D Notice against the title to the property at 5853-5857 Victoria Drive, Lot 16 except the E 7 Ft now road , North Hlf of District Lot 718 , Plan 3687 , PID 012-294-861 in order to warn prospective purchasers that this building has been used as an illegal marijuana grow operation on two occasions and there are contraventions of the Vancouver Building and Electrical By-laws related to this unapproved use.
The General Manager of Community Services RECOMMENDS approval of the foregoing.
Section 336D of the Vancouver Charter provides a mechanism whereby the City of Vancouver can warn prospective purchasers of contraventions of City By-laws relating to land or a building or structure. It provides that if the City Building Inspector observes a condition that he considers to be a contravention of a By-law relating to the construction or safety of buildings; or as a result of that condition, a building or structure is unsafe or unlikely to be usable for its expected purpose; or is of a nature that a purchaser, unaware of the contravention, would suffer a significant loss or expense if the By-law were enforced against him, he may recommend to City Council that a resolution be considered directing the City Clerk to file a notice against the Title to the property in the Land Title Office.
The purpose of this report is to request approval to file a 336D Notice against the title to
5853-5857 Victoria Drive to warn prospective purchasers of By-law violations.The building at 5853-5857 Victoria Drive was constructed in 1953 and is approved as a retail/travel agent on the 1st storey and two dwelling units on the second storey. The building is located in an C-2 (Commercial) District.
In December of 2002, Unit # 2- 5855 Victoria Drive which is one of the two dwelling units in this building was closed by the Vancouver Police Drug Squad and City Inspectors because it was being used as an illegal marijuana grow operation. The power and gas to this unit were disconnected and the owners were advised that they were required to go through the inspection and re-occupancy permit process. A re-occupancy permit was issued on November 19, 2003 for Unit #2-5855 Victoria Drive.
In May of 2004, the Vancouver Police reported that Unit#1- 5855 Victoria Drive the second of the two dwelling units in this building was now being used as a grow operation. It is noted the property ownership is the same. The services to Unit #1 were disconnected and the owner has been asked to come into City Hall to meet with staff to discuss the situation.
The owner will be advised that the departmental policy with respect to "repeat" grow ops, is to request Council approval, for the filing of a warning notice on title of these properties until all deficiencies are corrected.
Although the building is not currently listed for sale, it is recommended that a 336D Notice be filed against the title to the property so that any prospective purchasers will be warned that the building has been used previously as a marijuana grow operation on two occasions and that there are violations of the Vancouver Building and Electrical By-laws related to this unapproved use.
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